Can Peter determine whether my tax debt will be discharged?
No. Dischargeability, filing strategy, chapter selection, exemptions, and the legal effect of liens are questions for qualified bankruptcy counsel and, ultimately, the court. Peter can reconcile the returns, assessment dates, account history, and payment records so counsel can analyze those issues from an organized financial record.
Should I file missing tax returns before filing bankruptcy?
Do not choose the sequence without coordinating with bankruptcy counsel. Return dates, assessment history, the contemplated chapter, and court requirements can matter. Peter identifies the missing filings and prepares reliable tax information, while counsel directs the legal timing and explains how a filing may affect the case.
Does a bankruptcy filing stop IRS collection?
A bankruptcy petition generally creates an automatic stay that stops many collection actions, but exceptions and limits apply. Some tax debts or liens may continue after the case. Give the case information and every collection notice to counsel and Peter promptly rather than assuming all federal or state activity has ended.
Is debt canceled in bankruptcy taxable income?
Debt discharged in bankruptcy is generally excluded from gross income for federal tax purposes, but the exclusion can reduce tax attributes and may require Form 982. The treatment depends on the transaction and case records. Peter can prepare the tax analysis while counsel confirms the legal nature and timing of the discharge.
Does the CPA engagement replace a bankruptcy attorney?
No. The accounting engagement supplies reconciled tax and financial information, prepares tax filings within scope, and helps maintain compliance. It does not provide legal advice, select a bankruptcy chapter, prepare the petition, determine exemptions, or give an opinion on dischargeability.